Reports of Cases Argued and Determined in the Supreme Court of Appeals of West Virginia, Volume 7Tribune Company Press, 1876 |
Contents
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Common terms and phrases
acres action Admr aforesaid Alderson alleged amount answer appear appellee appointment assignment August Term award Bend of Gauley Berkeley county bill bond Buskirk cause chapter circuit court claim Code Code of Virginia commissioner Confederate Constitution contract county court court of equity creditors debt declaration decree deed of trust defendant Dickinson Donnally entitled evidence executed fact fee simple filed Forqueran garnishee Gratt Greenbrier county heirs held Hinchman Holloway hundred Hurst insane person interest January Term John judge judgment June Term jurisdiction jury Kanawha county Layne Legislature lien Ludington Mason county McClung ment Ocheltree opinion paid parties payment plaintiff plea proceedings proper purchase money Railroad Company record rendered Renick Roane county Rucker sheriff sold statute sufficient suit Supreme Court taxes therein thereof thereto tion to-wit tract of land trial trustee West Virginia wife William witness writ
Popular passages
Page 509 - No county, city, township, school district, or other municipal corporation, shall be allowed to become indebted in any manner or for any purpose, to an amount, including existing indebtedness, in the aggregate exceeding five per centum on the value of the taxable property therein, to be ascertained by the last assessment for the state and county taxes, previous to the incurring of such indebtedness.
Page 394 - And the said records and judicial proceedings, authenticated as aforesaid, shall have such faith and credit given to them in every court within the United States as they have by law or usage in the courts of the State from whence the said records are or shall be taken.
Page 439 - Whether the party thus misrepresenting a fact, knew it to be false, or made the assertion without knowing whether it were true or false, is wholly immaterial, for the affirmation of what one does not know, or believe to be true, is equally, in morals and law, as unjustifiable as the affirmation of what is known to be positively false.
Page 538 - That no creditor proving his debt or claim shall be allowed to maintain any suit at law or in equity therefor against the bankrupt...
Page 357 - It may be said, perhaps with' sufficient accuracy, that acts necessary to peace and good order among citizens, such, for example, as acts sanctioning and protecting marriage and the domestic relations, governing the course of descents, regulating the conveyance and transfer of property, real and personal, and providing remedies for injuries to person and estate, and other similar acts, which would be valid if emanating from a lawful government, must be regarded in general as valid when proceeding...
Page 198 - ... where the government is supplying its own needs, or is furnishing facilities for its citizens in regard to those matters of public necessity, convenience or welfare, which, on account of their peculiar character, and the difficulty — perhaps impossibility — of making provision for them, otherwise, it is alike proper, useful and needful for the government toprovide.
Page 524 - All existing charters or grants of special or exclusive privileges, under which organization shall not have taken place, or which shall not have been in operation within ten days from the time this Constitution takes effect, shall thereafter have no validity or effect whatever.
Page 735 - We are of opinion, that there is no error in the judgment of the court below, and that it ought to be affirmed.
Page 731 - We are of opinion, therefore, that The judgment of the Circuit Court should be reversed, and the cause remanded, with directions to award a new trial.
Page 539 - ... if the amount due the creditor is in dispute, the suit, by leave of the court in bankruptcy, may proceed to judgment for the purpose of ascertaining the amount due, which amount may be proved in bankruptcy, but execution shall be stayed as aforesaid.